OPEN LETTER: UBCIC Resolution 2011-04, “Consultation Funding from the Province of British Columbia”

May 30, 2011

May 30, 2011

Premier Christy Clark
Province of British Columbia

BC Cabinet Members

Dear Premier Clark and Ministers:

Re: OPEN LETTER: UBCIC Resolution 2011-04, “Consultation Funding from the Province of British Columbia”

We are writing with respect to Union of BC Indian Chiefs (UBCIC) Resolution 2011-04, “Consultation Funding from the Province of British Columbia” which was presented, affirmed and endorsed by consensus at the UBCIC Chiefs Council on March 10, 2011.

Accordingly, the UBCIC Executive call upon all Ministries to provide the resources necessary to engage First Nations in meaningful consultation on a government-to-government basis whenever the Crown’s duty to consult is triggered. Such actions would include when the Crown is considering a process or decision with potential infringement on Aboriginal Title, Aboriginal Rights and/or Treaty Rights, including commencement of resource-related activities.

The UBCIC Chiefs Council firmly believe consultation funding is a necessity reflected in current case law and in the spirit and intent of the United Nations Declaration on the Rights of Indigenous Peoples.

On behalf of the UNION OF BC INDIAN CHIEFS

[Original Signed]
Grand Chief Stewart Phillip
President

Chief Robert Chamberlin
Vice-President

Chief Marilyn Baptiste
Secretary-Treasurer

CC:
BC Chief and Councils
BC Assembly of First Nations
First Nations Summit

Encl. UBCIC Resolution 2011-04, “Consultation Funding from the Province of British Columbia”

WHEREAS the Indigenous Nations which are members of the Union of BC Indian Chiefs have an inherent right to self-determination including jurisdiction and the stewardship of their respective territories;

WHEREAS recent case law including Haida (2004) and Kwikwetlen (2009) decisions affirm that where the Crown is considering an action or decision with the potential of infringement on Aboriginal title and rights, including commencement of resource-related activities, its duty to meaningfully consult is triggered;

WHEREAS Canada adopted the United Nations Declaration on the Rights of Indigenous Peoples on November 12, 2010, which states that Indigenous Peoples have the inherent right to own, use, develop and control their traditional territories, lands and resources;

WHEREAS Article 39 of the United Nations Declaration on the Rights of Indigenous Peoples states, “Indigenous Peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration;”

THEREFORE BE IT RESOLVED that the UBCIC Chiefs Council fully agree that the Provincial Government of British Columbia must provide the resources necessary to engage in meaningful consultation on a government-to-government basis which is our inherent right as Indigenous Peoples of the land, and has been mandated by the Supreme Court of Canada;

THERFORE BE IT FURTHER RESOLVED that the UBCIC Chiefs Council directs the UBCIC Executive to immediately communicate to the Province of British Columbia that whenever the Crown’s duty to consult Indigenous Nations is triggered, that the Province of British Columbia must provide funding for Indigenous Nations to engage in such consultation with the Crown.